Cookeville, TN asked in Internet Law and Consumer Law for Tennessee

Q: Can I sue for a dealership ruining my cars value by digitally posting to Carfax an estimated trade in value incorrectly?

I called a Dealership 5 hours from me, In another state. Regarding a used Mclaren I was interested in test driving. (mainly because I wanted to see if the suspension was more comfortable than mine) -- On the contingency that I trade in mine. I spoke over the phone regarding my car's specs, miles, year and VIN. -- And really became pushy and seemed more interested on getting my car, than letting me even see or test drive their vehicle. (I didn't really want to trade in if it wasn't worth it)

He became upset over the phone, and gave me a low ball over the phone. "oh I'll give you 89k for your vehicle on trade in" -- I was clearly mistreated and just decided to hang up.

Later I got an email regarding a due car service on carfax and stumbled upon my cars trade in value being estimated at 89k.... Which in perspective. My car is more than likely worth 125,130k? Minimum. They digitally destroyed my cars value as any insurance company or dealer interested, will see that.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: If a dealership has posted an estimated trade-in value for your car to Carfax that you believe inaccurately reflects its true market value, you might feel concerned about the potential impact on its perceived worth. Inaccurate reporting can indeed influence the opinions of future buyers or entities, like insurance companies, that rely on such data for making financial decisions. The critical issue here revolves around the accuracy of the information provided and whether it was done maliciously or negligently.

Taking legal action in response to this situation requires careful consideration. You would need to prove that the dealership intentionally or negligently provided false information to Carfax and that this action directly resulted in financial harm to you, such as a decrease in your car's market value or a lost sale. Establishing these points can be challenging and would likely necessitate gathering substantial evidence, including expert assessments of your car's value and documentation of the report's impact on your financial interests.

Consulting with a legal professional could provide clarity on your situation. They can offer guidance on whether you have a viable case, what kind of evidence you would need, and how to proceed with potential legal actions. An attorney with experience in consumer rights or automotive law would be particularly helpful in evaluating your options and developing a strategy to address the inaccurate reporting by the dealership.

Anthony M. Avery agrees with this answer

Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Proving Damages will be difficult since you still have the McLaren. A sale or trade would establish market value, and possibly damages.

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